While some California motorcycle accidents present a situation in which one party is clearly the victim and another clearly at fault, it is common for the parties involved to each be partially at fault. In California, courts apply the “pure comparative fault” method when determining which parties are entitled to recover compensation for their injuries.
Under a pure comparative fault analysis, an accident victim can recover compensation for their injuries even if they are at fault. Additionally, a defendant can only be liable to an accident victim for their own percentage of fault. If the jury determines that the plaintiff was partially at fault, the judge will reduce the plaintiff’s recovery amount by their own percentage of fault.
For example, Driver A and Driver B might be involved in an accident, with Driver A being 40% at fault and Driver B being 60% at fault. If Driver A files a California car accident lawsuit against Driver B, and the damages are determined to be $500,000, Driver A will be awarded $300,000, or $500,000 reduced by 40%.
Importantly, under a pure comparative fault analysis, a motorist who is more than 50% at fault can still recover for their injuries, subject to a reduction by their own percentage of fault. Because of this, the pure comparative fault method for apportioning damages is the most favorable to accident victims among those methods used in the United States.
CHP Officer Knocks over Motorcyclist During Memorial Day Rally
Earlier this month, a CHP officer knocked over a motorcyclist as he was attempting to pull the biker over during a Memorial Day Rally. According to a local news source, the bikers were on their way to a fundraiser in Rancho Cucamonga when the CHP officer pulled out onto the highway behind one of the motorcyclists.
As the officer got close to the motorcyclist, the motorcyclist drove off at a high rate of speed. The officer tried cornering the motorcyclist, but the motorcyclist was able to maneuver around a car to continue the chase. Ultimately, the officer pulled alongside the motorcyclist and struck the biker with his vehicle, knocking the bike over. Witnesses to the accident told reporters that the officer was acting recklessly and that he put the safety of everyone on the highway at risk.
The motorcyclist was not harmed in the accident and was arrested immediately afterward. Much of the confrontation was captured on cell-phone video.
Have You Been Injured in a California Motorcycle Accident?
If you or a loved one has recently been injured in a motorcycle accident, you may be entitled to monetary compensation. The dedicated Southern California personal injury lawyers at Sharifi Firm have decades of combined experience representing victims in all types of California motorcycle accident cases, including ones in which fault is hotly contested. We work diligently to maximize our clients’ recovery in every case. To learn more, and to schedule a free consultation with an attorney to discuss your case, call 866-422-7222 or contact us online.
More Blog Posts:
Study Finds that Hit-and-Run Accidents in California Are on the Rise, Southern California Injury Lawyer Blog, May 4, 2018
Court Discusses How Insurance Coverage Comes into Play When Calculating Damages in a California Personal Injury Lawsuit, Southern California Injury Lawyer Blog, May 19, 2018